Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.

Saturday, December 15, 2007

Nebraska Supreme Court finds personal jurisdiction proper for child's action against divorced parent who travelled to Nebraska and had his relatives do the same to take her to Canada where the parent allegedly abused the child. S.L. v. Steven L., S-06-563, 274 Neb. 646 The Lancaster County District Court dismissed the ex-wife's tort action against divorced father for allegedly abusing their child while she visited the father in Canada stating the court could not assert personal jurisdiction over the father. Nebraska Supreme Court reverses, finding for intentional injuries the pleading and other materials showed the defendants contacts to this State were sufficiently connected to Nebraska to justify personal jurisdiction over him. "one who removes a minor child from her Nebraska home under the guise of exercising a visitation right in another jurisdiction, and then intentionally subjects the child to harm before returning her to this state, could reasonably expect to be haled into a Nebraska court to answer for such conduct in a civil action brought on behalf of the child." Finally jurisdiction was appropriate in Nebraska as hearing the case here did not offend fair play and substantial justice. "Nebraska’s exercise of specific personal jurisdiction over Steven in this action would not offend notions of fair play and substantial justice.